A constitutional lawyer has filed a legal challenge in Quebec Superior Court to overturn a 2022 Quebec law that eliminated the mandatory Oath of Allegiance to the King for members of the province’s National Assembly. The lawsuit, brought by the Public Interest Litigation Institute and Lawrence David, a faculty member at the University of Ottawa’s law school, argues that the provincial government exceeded its constitutional authority.
The legal action, lodged on Monday in Montreal, targets Quebec’s Bill 4, which was unanimously passed in December 2022. The law amended the Constitution Act of 1867 to remove the requirement for Quebec legislators to pledge allegiance to the monarch.
The legislation was introduced by the Coalition Avenir Québec (CAQ) government in response to pressure from the separatist Parti Québécois (PQ). Several PQ members had refused to swear allegiance to King Charles III, resulting in their exclusion from the National Assembly.
The lawsuit contends that Quebec needed the unanimous consent of the House of Commons, the Senate, and all provincial legislatures to eliminate the mandatory oath. It also alleges that the law violates Section 3 of the Canadian Charter of Rights and Freedoms, which guarantees the right to effective representation by disqualifying politicians who do not take the oath from serving as MNAs.
Concerns are raised that laws passed by an assembly with members who have not pledged allegiance may be invalidated, especially with the upcoming provincial election on Oct. 5. Lawrence David, in an interview with CBC, emphasized the importance of adherence to constitutional rules by political and democratic institutions.
Quebec’s Justice Minister Simon Jolin-Barrette’s office has stated its intention to defend the province’s authority to amend its own regulations, citing widespread Quebecois opposition to the monarchy. The Minister of Justice and Attorney General of Canada declined to comment on ongoing legal matters.
The Supreme Court of Canada recently announced it would review a case regarding the constitutionality of requiring aspiring lawyers to swear allegiance to the reigning monarch. Alberta’s highest court previously ruled that such a requirement contravenes the Constitution and infringes on religious freedom.